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Confidentiality or “gagging” clauses can still be used in agreements to settle disputes between NHS trusts and departing employees as long as they make it clear that former employees are free to speak out on patient safety and other public interest issues, NHS Employers says in new guidance.1

Agreements may still bar former employees from revealing the fact that an agreement existed, negotiations over it, and its terms. NHS organisations may also bar former employees from revealing confidential information acquired as a result of their employment, …

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